Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Yellow Cab Co. of DC Inc. ) File No. EB-07-CF-281
Licensee of Radio Station KGH203 )
) NOV No. V200832340005
Washington, D. C. )
NOTICE OF VIOLATION
Released: 3/10/2008
By the District Director, Columbia Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Yellow Cab Co. of DC Inc. ("Yellow
Cab"), licensee of radio station KGH203 in Washington, DC.
2. On November 28, 2007 and December 4, 2007, in response to new
complaints of interference from other users of Yellow Cab's shared
frequencies, agents of the Commission's Columbia Office conducted
inspections of licensed transmitter locations of KGH203, at 3201 and
2712 Wisconsin Avenue, NW, Washington, DC and observed the following
violations:
a. 47 C.F.R. S: 1.903(b): "The holding of an authorization does not
create any rights beyond the terms, conditions and period specified
in the authorization." During the inspection on December 4, 2007, the
agents observed that:
1. Yellow Cab is operating a base station on 451.950 MHz from "location
1", 2712 Wisconsin Avenue, NW, Washington, DC. A base station on
this frequency is not authorized at this location.
2. Yellow Cab is licensed to operate base stations at a location
identified as 3201 Wisconsin Avenue, NW, Washington, DC, with
coordinates 38-56-35.1N 077-04-35.4W (called "Location 2" on the
license). The transmitters are physically located at this address;
however, the approximate coordinates for this address are 38-55-56N
077-04-20W, about .7 of a mile south of the licensed coordinates.
The license must be either modified to show the correct transmitter
coordinates for that physical location, or the transmitters must be
moved to the location specified on the license.
b. 47 C.F.R. S: 90.403(c): "Except for stations that have been granted
exclusive channels under this part and that are classified as
commercial mobile radio service providers pursuant to part 20 of this
chapter, each licensee must restrict all transmissions to the minimum
practical transmission time and must employ an efficient operating
procedure designed to maximize the utilization of the spectrum."
During several hours of monitoring frequency 452.675 MHz and during
the inspection on November 28, 2008 at 3201 Wisconsin Avenue, NW,
Washington, DC, the agents observed that Yellow Cab continuously
transmitted a data stream on frequency 452.675 MHz, not allowing
other licensees use of the frequency.
c. 47 C.F.R. S: 90.403(e): Licensees shall take reasonable precautions
to avoid causing harmful interference. This includes monitoring the
transmitting frequency for communications in progress and such other
measures as may be necessary to minimize the potential for causing
interference." During the inspection on November 28, 2007 at 3201
Wisconsin Avenue, NW, Washington, DC, the agents observed that Yellow
Cab did not have the equipment or capability to monitor for other
users on the frequency.
d. 47 C.F.R. S: 90.425(a): "Stations licensed under this part...shall be
identified by the transmission of the assigned call sign during each
transmission or exchange of transmissions, or once each 15
minutes...during periods of continuous operation." During several
hours of monitoring frequency 452.675 MHz and during the inspection
on November 28, 2007 at 3201 Wisconsin Avenue, NW, Washington, DC,
the agents observed that Yellow Cab did not transmit its call sign.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Yellow Cab must
submit a written statement concerning this matter within 20 days of
release of this Notice. The response must fully explain each
violation, must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and should include a
time line for completion of pending corrective action(s). The response
must be complete in itself and signed by a principal or officer of the
licensee with personal knowledge of the matter. All replies and
documentation sent in response to this Notice should be marked with
the File No. and NOV No. specified above, and mailed to the following
address:
Federal Communications Commission
Columbia Office
9200 Farm Hose Lane
Columbia, Maryland 21046
You are cautioned that your failure to correct the noted problems and to
reach, in a timely manner, a mutually satisfactory arrangement for use of
the shared spectrum with other users, may result in the imposition of
time-of operation conditions and/or other operating restrictions under
Section 90.173(b).
4. This Notice shall be sent to Yellow Cab Co. of DC Inc. at its address
of record.
5. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
James T. Higgins
District Director
Columbia Office
Enforcement Bureau
Northeast Region
47 C.F.R. S: 1.89.
A B Viers Incorp., WPGH815, frequency 451.950 MHz, complaints received
August 17, 2006 and May 4, 2007.
Brad Mechem, Mechem Electronics, WPPC397, frequency 452.675 MHz, complaint
received November 5, 2007.
47 U.S.C. S: 308(b).
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
3
Federal Communications Commission